Lemon laws in Tennessee are laws that provide protection to consumers by bounding their vehicles to fall into certain limits according to the standards of quality and performance. These laws prevent them from violating such standards. Lemon laws are not necessarily applicable to the used or leased vehicles.
Law Office of Robin S. Kuykendall
- Law Office of Robin S. Kuykendall
- Areas of Practice
- Tennessee Lemon Laws
- Chapter 24, Motor Vehicle Warranties
- Nonconforming vehicles – Reports – Repairs
- Replacement or repair of vehicles – Refunds – Refinancing agreements – Defenses
- Leased vehicles – Refunds
- Presumptions – Term of protection – Notice to manufacturer
- Informal dispute settlement procedure
- Statute of limitations
- Recovery of costs and expenses – Attorneys’ fees
- Copy of repair order to consumer
- Election of remedies
- Commencing actions against sellers or lessors
- Manufacturer’s warranty – Disclosure to purchaser
The law firm of Robin S. Kuykendall is situated at 810 Henley Street, Knoxville, Tennessee. It’s a sole-proprietorship law firm owned and managed solely by William Cremins. Mr. Cremins did his B.A. and B.J from University of Richmond; University of Missouri at Columbia and went to St. John’s University for Juris Doctorate in 1984. He was admitted to Tennessee and New York Bars and is also a member of Knox County (Family Law Section), Tennessee and American Bar Associations, Tennessee Trial Lawyers Association and American Association for Justice (formerly the Association of Trial Lawyers of America).
Areas of Practice
- Lemon Law
- Employment Law
- Special Education
- School Law
- Consumer Protection
Tennessee Lemon Laws
The statutes of Tennessee lemon laws are:
Chapter 24, Motor Vehicle Warranties
As used in this part, unless the context otherwise requires:
- Consumer means the purchaser or the lessee of a motor vehicle, who uses it for his personal use other than for purposes of resale. Or a consumer is any person to whom such motor vehicle is transferred during the duration of an express warranty applicable to such motor vehicle, and any other person entitled by the terms of such warranty to enforce the obligations of the warranty. Under this definition the word Consumer does not include any governmental body or any business or commercial body which registers three (3) or more vehicles;
- Lessee means any consumer who leases a motor vehicle pursuant to a written lease agreement by which a manufacturer’s warranty was issued as a condition of sale or which provides that the lessee is responsible for repairs to such motor vehicle;
- Motor vehicle means a motor vehicle as defined in § 55-1-103, which is sold and subject to the registration and certificate of title provisions in chapters 1-6 of this title in the state of Tennessee, or subject to similar registration and certificate of title provisions in another state, and classified as a Class B vehicle according to § 55-4-111. For the purposes of this part, “motor vehicle” does not include motorized bicycles as defined in § 55-8-101, “motor homes” as defined in § 55-1-104, lawnmowers or garden tractors, recreational vehicles or off-road vehicles and vehicles over ten thousand (10,000) pounds gross vehicle weight; sensible
- Manufacturer means any person who manufactures or assembles new or unused motor vehicles or, in the case of motor vehicles not manufactured in the United States, the importer of such motor vehicle; and
- Person means every natural person, partnership, corporation, association, trust, estate or other legal entity;
- Substantially impair means to render a motor vehicle unreliable or unsafe for normal operation or to reduce its resale market value below the average resale value for comparable motor vehicles; and
- Term of protection means the term of applicable express warranties or the period of one (1) year following the date of original delivery of the motor vehicle to a consumer, whichever comes first; or, in the case of a replacement vehicle provided by a manufacturer to a consumer under this part, one (1) year from the date of delivery to the consumer of the replacement vehicle.
Nonconforming vehicles – Reports – Repairs
If a new motor vehicle does not conform to all applicable express warranties and the consumer reports the nonconformity, defect or condition to the manufacturer, its agent or its authorized dealer during the term of protection, the manufacturer, its agent or its authorized dealer shall correct the nonconformity, defect or condition at no charge to the consumer, notwithstanding the fact that such repairs are made after the expiration of such term. Any corrections or attempted corrections undertaken by an authorized dealer under the provisions of this section shall be treated as warranty work and billed by the dealer to the manufacturer in the same manner as other work under warranty is billed.
Replacement or repair of vehicles – Refunds – Refinancing agreements – Defenses
- The manufacturer must replace the motor vehicle with a comparable motor vehicle or accept return of the vehicle from the consumer and refund to the consumer the full purchase price if:
- The nonconformity, defect or condition substantially impairs the motor vehicle; and
- The manufacturer, its agent or authorized dealer is unable to conform the motor vehicle to any applicable express warranty after a reasonable number of attempts.
- “Full purchase price” means the actual cost paid by the consumer, including all collateral charges, less a reasonable allowance for use; and
- “Reasonable allowance for use” means that amount directly attributable to use by a consumer prior to such consumer’s first report of the nonconformity to the manufacturer, agent or dealer and during any subsequent period when the vehicle is not out of service by reason of repair, plus a reasonable amount for any damage not attributable to normal wear.
- A reasonable allowance for use shall not exceed one half (1/2) of the amount allowed per mile by the internal revenue service, as provided by regulation, revenue procedure or revenue ruling promulgated pursuant to § 162 of the Internal Revenue Code, for use of a personal vehicle for business purposes, plus an amount to account for any loss to the fair market value of the vehicle resulting from damage beyond normal wear and tear, unless the damage resulted from nonconformity to an express warranty.
- Refunds shall be made to the consumer, and lienholder, if any, as their interests appear. The provisions of this section shall not affect the interests of a lienholder; unless the lienholder consents to the replacement of the lien with a corresponding lien on the vehicle accepted by the consumer in exchange for the vehicle having a nonconformity, the lienholder shall be paid in full the amount due on the lien, including interest and other charges, before an exchange of automobiles or a refund to the consumer is made.
- In instances where a vehicle which was financed by the manufacturer or its subsidiary or agent is replaced under the provisions of this section, the manufacturer, subsidiary or agent shall not require the consumer to enter into any refinancing agreement which would create any financial obligations upon such consumer beyond those imposed by the original financing agreement.
- It shall be an affirmative defense to any claim under this part:
- That an alleged nonconformity does not substantially impair a motor vehicle; or
- That a nonconformity is the result of abuse, neglect or unauthorized modifications or alterations of a motor vehicle by a consumer.
Leased vehicles – Refunds
- In the case of a leased vehicle, refunds will be made to the lessor and lessee as follows: The lessee will receive the lessee cost and the lessor will receive the lease price less the aggregate deposit and rental payments previously paid to the lessor for the leased vehicle.
- For purposes of this section:
- “Lease price” means the aggregate of:
- Lessor’s actual purchase cost;
- Freight, if applicable;
- Accessories, if applicable;
- Any fee paid to another to obtain the lease; and
- An amount equal to five percent (5%) of subdivision (b)(1);
- “Lessee cost” means the aggregate deposit and rental payments previously paid to the lessor for the leased vehicle less service fees; and
- “Service fees” means the portion of a lease payment attributable to:
- An amount for earned interest calculated on the rental payments previously paid to the lessor for the leased vehicle at an annual rate equal to two (2) points above the prime rate in effect on the date of the execution of the lease; and
- Any insurance or other costs expended by the lessor for the benefit of the lessee.
- “Lease price” means the aggregate of:
Presumptions – Term of protection – Notice to manufacturer
- It shall be presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to the applicable express warranties, if:
- The same nonconformity has been subject to repair three (3) or more times by the manufacturer or its agents or authorized dealers during the term of protection, but such nonconformity continues to exist; or
- The vehicle is out of service by reason of repair for a cumulative total of thirty (30) or more calendar days during the term of protection.
- The term of protection and such thirty-day period shall be extended by any period of time during which repair services are not available to the consumer because of a war, invasion, strike or fire, flood or other natural disaster.
- It shall be the responsibility of the consumer, or the representative of the consumer, prior to proceeding under the provisions of § 55-24-203, to give written notification by certified mail directly to the manufacturer of the need for the correction or repair of the nonconformity. If the address of the manufacturer is not readily available to the consumer in the owner’s manual or manufacturer’s warranty received by the consumer at the time of purchase of the motor vehicle, such written notification shall be mailed to an authorized dealer. The authorized dealer shall upon receipt forward such notification to the manufacturer. If, at the time such notice is given, either of the conditions set forth in subsection (a) already exists, the manufacturer shall be given an additional opportunity after receipt of the notification, not to exceed ten (10) days, to correct or repair the nonconformity.
Informal dispute settlement procedure
- If a manufacturer has established or participates in an informal dispute settlement procedure which complies with the provisions of Title 16, Code of Federal Regulations, Part 703, as those provisions read on November 3, 1983, and of this part, and causes the consumer to be notified of the procedure, the provisions of § 55-24-203 concerning refunds or replacement shall not apply to any consumer who has not first resorted to such procedure. The attorney general and reporter shall, upon application, issue a determination whether an informal dispute resolution mechanism qualifies under this section of Tennessee lemon law.
- The informal dispute settlement panel shall determine whether the motor vehicle does or does not conform to all applicable express warranties.
- If the motor vehicle does not conform to all applicable express warranties, the informal dispute settlement panel shall then determine whether the nonconformity substantially impairs the motor vehicle.
- If the nonconformity does substantially impair the motor vehicle, the informal dispute settlement panel shall then determine, in accordance with this part, whether a reasonable number of attempts have been made to correct the nonconformity.
- If a reasonable number of attempts have been made to correct the nonconformity, the informal dispute settlement panel shall determine whether the manufacturer has been given an opportunity to repair the motor vehicle as provided in § 55-24-202.
- If the manufacturer has been given an opportunity to repair the motor vehicle as provided in § 55-24-202, the panel shall find that the consumer is entitled to refund or replacement as provided in § 55-24-203(a).
- The informal dispute settlement panel shall determine the amount of collateral charges, where appropriate.
Statute of limitations
- Any action brought under this part shall be commenced within six (6) months following:
- Expiration of the express warranty term; or
- One (1) year following the date of original delivery of the motor vehicle to a consumer, whichever is the later date.
- This statute of limitations shall be taxed for the period beginning on the date when the consumer submits a dispute to an informal dispute settlement procedure as provided in § 55-24-206 and ending on the date of its decision or the date before which the manufacturer, its agent or its authorized dealer is required by the decision to fulfill its terms, whichever comes later.
Recovery of costs and expenses – Attorneys’ fees
In case a consumer who finally succeeds in any action brought under this part may granted by court a recovery as part of this judgment an amount that equals to the aggregate of costs and expenses, including attorneys’ fees based on actual time expended, determined by the court to have been reasonably incurred by the plaintiff for or in connection with the commencement and prosecution of such action.
Copy of repair order to consumer
Under section 55-24-209 of Tennessee lemon law a manufacturer, its agent or authorized dealer are demanded to shall provide each time after the vehicle is repaired or serviced a copy of repair to the consumer that indicates the work performed on the vehicle. This copy shall mention on it but, not limited to the odometer reading, parts and labor provided without cost or at reduced cost because of shop or manufacturer’s warranty, the date the vehicle was brought for the repair, and the date it was returned to the consumer.
Election of remedies
- This section of Tennessee lemon law privileges the consumer that nothing in this part shall in any way limit the rights or remedies which are otherwise available to a consumer under any other law.
- A consumer who has sought recourse to an informal dispute settlement procedure shall not be prohibited from seeking the rights or remedies available by law. However, if the consumer elects to pursue any other remedy in state or federal court, the remedy available under this part shall not be available insofar as it would result in recovery in excess of the recovery authorized by § 55-24-203 without proof of fault resulting in damages in excess of such recovery.
- In case the consumer enters to any agreement that is meant for the purchase or lease of the new motor vehicle and the agreement waives, limits or disclaims the rights as set forth in this section, any such agreement shall be nullified it falls in contrary to the public policy. These rights shall inure to a subsequent transferee of such motor vehicle.
Commencing actions against sellers or lessors
Tennessee lemon law states that in case the seller or the lessor of the new motor vehicle is a manufacturer as well the action shall be maintained under the provisions of this part against him else not, or unless the manufacturer of the motor vehicle is not subject to service of process in the state of Tennessee, or service cannot be secured by the long-arm statutes of Tennessee, or unless the manufacturer has been declared insolvent.
Manufacturer’s warranty – Disclosure to purchaser
This section of Tennessee lemon law identifies that it is compulsory for any business organization which purchases a fleet of new motor vehicles, and then entitles such motor vehicles in the business name and sells such vehicles to an individual purchaser shall release in writing any remaining manufacturer’s warranty on such motor vehicles to such purchaser.